- 1 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2372 OF 2025 BETWEEN: KUMARA, S/O CHIKKA LINGAPPA, AGED ABOUT 32 YEARS, R/O KAREMADANAHALLI VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 129. …PETITIONER (BY SRI.HARISH GOWDA K.M., ADVOCATE FOR SRI.MADHU C S., ADVOCATE) AND: 1. STATE BY SIRA POLICE, REP BY THE SPP, HIGH COURT OF KARNATAKA, AT BENGALURU - 560 001. 2. CHANDRAPPA, S/O KARENINGAPPA, AGED ABOUT 45 YEARS, KAREMADENAHALLI VILLAGE, BUKKAPATNA HOBLI, SIRA TALUK, TUMAKURU DISTRICT - 572 129. …RESPONDENTS (BY SRI.K.NAGESHWARAPPA., HCGP FOR R-1; R-2 SERVED) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 THIS CRL.P IS FILED U/S 439 CR.PC (FILED U/S 483 BNSS) PRAYING TO ALLOW THIS APPLICATION AND GRANT THE BAIL TO PETITIONER IN S.C.NO.169/2024 (CR.NO.175/2024 OF SIRA P.S) ON THE FILE OF II ADDL.DISTRICT AND SESSION JUDGE TUMAKURU FOR THE OFFENCE P/U/S 302, 376 OF IPC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER Accused in S.C.No.169/2024 pending before the Court of II Additional District and Sessions Judge, Tumakuru, arising out of Crime No.175/2024 registered Sira Police Station, Tumakuru, for offences punishable under Sections 302 and 376 of IPC is before this Court under Section 439 of Cr.PC seeking regular bail. 2. Heard the learned Counsel for the parties. 3. FIR in Crime No.175/2024 was registered by Sira Police Station, Tumakuru, initially for the offence punishable under Section 302 of IPC against the petitioner - 3 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 herein, based on the first information dated 27.04.2024 received from Chandrappa, who is the husband of deceased Kamalamma. 4. During the course of investigation of the case, petitioner herein was arrested on 28.04.2024 and subsequently remanded to judicial custody. Investigation of the case is completed and charge sheet has been filed against him for the aforesaid offences. Bail application filed by the petitioner before the Jurisdictional Sessions Court in Crl.Misc.No.1747/2024 was rejected on 27th November, 2024. Therefore, petitioner is before this Court. 5. In the first information which is submitted by the husband of the deceased, he has stated that deceased Kamalamma had illicit relationship with the petitioner herein and in the said regard, there was a quarrel between the couple and thereafter, a Panchayat was held and the matter was settled. He has further stated that inspite of the same, petitioner had continued his illicit relationship with Kamalamma. On 26.04.2024 Kamalamma, her - 4 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 husband and their children had slept in their house after consuming food. At about 2:30 am, on the intervening night of 26.04.2024 and 27.04.2024, when the first informant woke up, he found that his wife was not there. He has further stated that at about 5:00 am on 27.04.2024 he and his brother-in-law-Narashimaraju went in search of his wife and thereafter they found the dead body of his wife Kamalamma and since he suspected the hand of the petitioner herein in the death of his wife, he had approached police. 6. Learned HCGP appearing for respondent has contended that C.W-2-Narashimaraju is the eye-witness in the present case. In the first information which is submitted by the husband of the deceased, he has stated that he and his brother-in-law-Narashimaraju had gone out of the house at about 5:00 am on 27.04.2024 in search of his wife Kamalamma. Therefore, a serious doubt arises whether Narashimaraju can be considered as a eye-witness to the incident in question. - 5 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 7. Perusal of the material on record would go to show that the entire case of the prosecution is based on circumstantial evidence. Investigation of the case is completed and charge sheet has been filed. Though, the first informant had found that his wife was not present in the house at about 2:30 am, he had slept in the house and he had gone in search of his wife only at about 5:00 am along with his brother-in-law-Narashimaraju. 8. Petitioner who has no other criminal antecedents is in custody for the last nearly one year. Investigation of the case is completed and charge sheet has been filed. Allegations found against the petitioner in the chargesheet is required to be proved in a full fledged trial. Under the circumstances, I am of the opinion that the prayer made by the petitioner for grant of regular bail needs to be answered affirmatively. Accordingly, the following:- ORDER The petition is allowed. - 6 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 The petitioner is directed to be enlarged on bail in S.C.No.169/2024 pending before the Court of II Additional District and Sessions Judge, Tumakuru, arising out of Crime No.175/2024 registered Sira Police Station, Tumakuru, for offences punishable under Sections 302 and 376 of IPC, subject to the following conditions: a) The petitioner shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner shall appear regularly on all the dates of hearing before the Trial Court unless the Trial Court exempts his appearance for valid reasons; c) The petitioner shall not directly or indirectly threaten or tamper with the prosecution witnesses; d) The petitioner shall not involve in similar offences in future; e) The petitioner shall not leave the jurisdiction of the Trial Court without - 7 - NC: 2025:KHC:16493 CRL.P No. 2372 of 2025 permission of the said Court until the case registered against him is disposed off. Sd/- (S VISHWAJITH SHETTY) JUDGE KVR List No.: 1 Sl No.: 44